Res. No. 027-97-9998RESOLUTION NO.27-97-9998
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE FLORIDA
CLEAN INDOOR AIR ACT.
WHEREAS,cigarette smoking kills more Americans each year
than alcohol,cocaine,heroin,murder,car accidents and AIDS
combined;and
WHEREAS,28,000 people from Florida die of tobacco caused
diseases each year;and
WHEREAS,secondhand smoke inhaled by nonsmokers can cause
serious health problems,especially among children;and
WHEREAS,rates of smoking among children in Florida are
increasing,according to the Centers for Disease control and
Prevention;and
WHEREAS,every 30 seconds a child in Florida smokes for the
first time,and one-third of these new smokers will eventually
die of tobacco-related diseases;and
WHEREAS,the tobacco industry has as its chief legislative
strategy the removal of local authority to regulate tobacco;and
WHEREAS,citizens in local communities believe they should
have the power to protect themselves from secondhand smoke and
protect children from tobacco;and
WHEREAS,the MAYOR and City Commission of the City of South
Miami are seriously concerned about the health hazards of smoking
and the use of tobacco by children;and
WHEREAS,the current laws of the State of Florida,including
Florida Clean Indoor Air Act preempt local regulation of tobacco
use;and
WHEREAS,the MAYOR and City Commission believe that rights
should be vested in local communities to enact and enforce
tobacco-related ordinances if they choose to do so.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The MAYOR and City Commission exhort the
Florida Legislature to enact legislation to repeal the preemption
language in the Florida Clean Air Indoor Air Act and return
rights to local communities to enact and enforce tobacco related
ordinances if they choose to do so.
Page2 of Res.#27-97-9998
Section 2.The MAYOR and City Commission strongly
encourageothercitiesandtownsinFloridatoadopt similar
resolutions.
Section 3.The City Clerk is hereby directed to
distribute copies of this resolution to the Governor and the
Lieutenant Governor of Florida,to all members of the 1997
Legislature,and to the Florida Department of Health.
Section 4
upon approval.
This resolution shall take effect immediately
PASSED AND ADOPTED this
ATTEST:
/f&4_i72*\v /olu£L_
CITY CLERK
READ AND APPROVED AS TO FORM:
-^_/6.&*,;/*»
CITY ATTORNEY
18th day of February 1997.
APPROVED:
,-X^U
VICE-MAYOR
COMMISSION VOTE:4-0
Vice Mayor Robaina:Yea
Commissioner Price:Yea
Commissioner Bethel:Yea
Commissioner Young:Yea
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:MayorandCommission Date:February18,1997
^^'^^fy/s^Pf Agenda Item #fFrom:L^Dennis Whitt ^ri^Subject:Indoor Clean Air Act
City Manager
Thisresolutionisplacedontheagendaattherequestof Commissioner Price.
This resolution,if approved,will be forwarded tothe Florida Legislature,urgingthemtoenact
legislation to repeal the preemption language in the Florida Clean Indoor Air Act and return rights
tolocal communities to enact and enforce tobacco related ordinances if thev choose todoso.
Ch.386 PARTICULAR CONDITIONS AFFECTING PUBLIC HEALTH F.S.1993
(2)Publicagencies responsible for themanagement
andmaintenanceofgovernmentbuildings shall report
observed violationsto the departments division.The
State Rre Marshal shallreporttothedepartmentor divi
sion observed violations of ss.386.205 and -386.206
found duringitsperiodicinspectionsconductedpursu
ant toitsregulatoryauthority.Thedepartmentorthe
division,upon notification of observed violationsof ss.
386.205 and 386206,shall issuetothe proprietor or
otherpersoninchargeof such publicplaceanoticeto
complywith ss.386205 and 386206.If such person fails
tocomplywithin30 days afterreceiptofsuchnotice,the
departmentorthe division shall assess a civil penalty
against him not to exceed $100 for the firstviolation and
notto exceed $500for each subsequent violation.The
imposition of such fineshall be in accordance with the
provisions ofchapter120.Ifapersonrefusestocomply
with ss.386.205and386.206,afterhavingbeen
assessed such penalty,the department or the division
may file a complaint inthe circuit courtofthecountyin
which such public placeis located to require compli
ance.
(3)Apersonmayrequestanexemption from ss.
386.205 and386206by applying tothe department or
the division.Thedepartmentorthe division may grant
exemptions ona case-by-case basis whereitdeter
minesthat substantial good faith efforts havebeen
madetocomplyorthat emergency or extraordinary cir
cumstances exist
(4)Allfine moneys collected pursuanttothissection
shall be used by the department forchildren'smedical
servicesprogramspursuanttothe provisions ofpart I of
chapter 391.
•.7.eft.85-257;s.2.eft.flS-aBB:s.1.eft.69-109.
386208 Penalties.—Any personwho violates s.
386204commitsa noncriminal violation as provided for
ins.7751)8(3),punishablebya fine ofnot more than
$100for the firstviolationandnotmorethan$500 for
each subsequent violation.Jurisdiction shall be with the
appropriate county court.
M"-—••6.ch.85-257;».7.eft.92-185."
THapart expressly preempts regulation of smoking to
thestateandsupersedesany municipal or county ordi
nance on the subject
""••a Cft.85-257:1.S.eft.92-185.
hospital,nursing home,or other health care facility may
be designated as a smoking area if such designation is
ordered by the attending physician and agreed toby all
patients assigned to that room.
(b)Notwithstanding anything inthis part tothecon
trary,no more than one-half ofthe rooms in any health
care facility may be designated as smoking areas.
(3)In a workplace where there are smokers and non-smokers,employers shall develop,implement and post
a policy regarding designation of smoking and nonsmok
ingareas.Sucha policy shall takeinto consideration the
proportion of smokers and nonsmokers.Employers who
make reasonable efforts to develop,implement,and
post such a policy shall bedeemedin compliance.An
entire area may be designated asa smoking area if all
workers routinely assignedto.workinthat area at thfc
same time agree.With respect tothe square footage in
any public place as described in subsection (4),this
square footage shall not include private office work
oSf^wWch is TOt a ""^on area as defined in s.386.203(6)and which is ordinarily inaccessible tothe
public.
(4)No more than one-half ofthe total square foot
age in any public place within asingleenclosed indoor
areaused for acommonpurposeshallbereservedand
designated asa smoking area.This square footage limi-
SKiSS??°1 *****t0 restauran*s ^defined in s.386.203(1)(p).However,such a restaurant must ensure
that no more than 65 percent ofthe seats existing in its
dining room at any time are located in an area desig
nated as a smoking area.
(5)A smoking area maynot contain common areas
which areexpectedtobeusedbythe public
IUUuj.—«.5.ch.65-257;s.5.eft.02-185.
386.206 Posting of signs.—The person in charge of
a public place shall conspicuouslypost,orcausetobe
posted,in any area designated asa smoking area signs
stating that smoking is permitted insucharea.Each sign
posted pursuant tothissectionshallhavelettersofrea
sonable size which can be easily read.The color,design
and precise place of posting ofsuch signs shall be left
tothe discretion ofthe person in charge ofthe premises.
In order to increase public awareness,the person in
charge ofa public place may,athis discretion alsocost"NO SMOKING EXCEPT IN DESIGNA^^S-S
as appropriate.y
Htalvy.-c fi.eft.aS-257;i.6.eft.92-185.
386.207 Administration;enforcement:cMI penal
ties;exemptions.—
4m L^fSfSSnt or **divisfon shall enforce ss.386.205 and 386.206 and to implement such enforce
ment shall adopt,in consultation withtheState Fire Mar
shal,rules specifying procedures tobe followed by
enforcement personnel in investigating complaints and
notifying alleged violators,rules defining typesofcases
for which exemptions may be granted,and rules specify
ing procedures-by which appealsmaybetaken by
aggrieved parties.
38821IPubfic announcements fai mass transpor
tation terminais.—Announcements about the Florida
Clean Indoor Air Act shall bemade regularly over public
addresssystemsin terminais of public transportation
carrierslocatedin metropolitan statistical areaswith
populations over230,000accordingtothelatestcensus.
These announcements shall bemadeat least every 30
minutes and shall bemadein appropriate languages.
Each announcement shallincludea statement tothe
effect that Florida isa clean indoorair state andthat
smoking isallowedonlyin designated areas.
Mtotwy.—«.a eft.82-185.
/O
iFiniBiiriic iiKEixEsr
*CANCER
f SOCIETY
Providinganswers.
Savinglives.
1-800-ACS-2345
ISSUE:REMOVAL OFTHEPREEMPTIONCLAUSE FROM THEFLORIDA CLEAN
INDOOR AIR ACT
POSITION:ACTIVELY SUPPORT
BACKGROUND:
Florida Clean Indoor Air Act
Themain purpose oftheFloridaCleanIndoorAirActistoprotectthe public's health,
comfortand environment by creating areas in public places andatpublic meetings that
are reasonably free from Tobacco smoke.
Preemption
Preemption provisions instateclean indoor airlawsand other tobacco measures
removetheauthorityoflocalgoverningbodiestopassstrongerlocalordinances
relating to smoking in Public Places.
History of the FloridaClean Indoor Air Act
TheFloridaCleanIndoorAirAct (FCIAA)waspassedbytheFloridaLegislaturein
1985,andsignedintolawbythen Governor Bob Graham.It went into effect on
October 1,1985.
TheFCIAAatthattimeprovidedforpublicplacesinFloridatobereasonablyfree
from tobacco smoke.Itdidthisby defining public places forthepurposeoftheAct,
anddeclaredallpublic enclosed indoorareastobenon smoking areasunlesstheywere
specifically designated as smoking permitted areas.This early version provided little
enforcementpower,andthereforewaslargelyignored.
In 1988,the Florida Legislature amended the FCIAA to include enforcement and Rule
Making Authority tothe Department of Health and Rehabilitative Services andthe
Department of Business Regulation's Division of Hotels and Restaurants.
In1992,theFloridaLegislature amended theFCIAAtoprovide:
•No smoking in Hospitals
•No smoking in schools or other educational facilities
•OVER -
3709 West Jetton Avenue •Tampa.FL 33629-5146 •(813)253-0541
/O
FloHA Coalition
TOBACCO FACT SHEET
Teens
♦More than 400,00 Americans die prematurely each year due to cigarette
smoking.This is 1 out of every 5 deaths in the United States.Each year
smoking is responsible for 5 million years of life lost.
♦Each day,more than 3f000 young people begin to smoke-that's more than 1
million new smokers each year.Among teens who are regular smokers,1 in 3
will die from smoking.
♦Lung cancer is the leading cause of cancer deaths for both men and women ,
blacks and whites.Each year more women die of lung cancer(59,000)than
breast cancer(46,000).If we do not prevent tobacco use among our teenage
girls,this epidemic will repeat itself in our future generations of women.
♦The decision to smoke is nearly always made in the teen years.Among adult
smokers,80%smoked their first cigarette before their 18th birthday-and by
this time 50%were already smoking daily.Among high school seniors whouse
smokelesstobacco,73%hadtrieditbygradenine.
Costs
♦Smoking costs approximately $4 billion in Florida each year in increased
health cost and lost productivity-that's roughly $300 for every man,.woman and
child in Florida.
♦$289 MILLION A YEAR (1992-93 Florida Medicaid Costs Related to Cigarette
Smoking):
Costs Related to Cigarette Smoking Add Up!
Illness Patients Medicaid
Treated Costs
AMERICAN
^CANCER
SOCIETY*
Providing answers.
Savinglives.
AMERICANCANCER SOCIETY
FLORIDA DIVISION,INC.
PUBLIC ISSUES
FACT SHEET
REPEALINGPREEMPTION
Florida Statute Chapter 386.109,known as the Clean Indoor Air Act,states that no local law may be
stronger than the state law regarding the regulation of clean indoor air.This means that no county or
city may enact a clean indoor air law that is more stringent than the state law.
The Florida Tri-Agency Coalition on Smoking OR Health (comprised of the American Cancer
Society,American Heart Association and American Lung Association)actively supports legislation
which would allow local governments to pass clean indoor air laws that are stronger than the state
law.
A survey was conducted in Florida during February,1996,by Mathematica Policy Research,Inc.,
and funded bythe Robert Wood Johnson Foundation forthe Tobacco FreeFlorida Coalition.Results
of poll questions relating to local government control are listed below:
73 5%believe that local communities should have the power to pass laws protecting
people from second hand smoke in public places.
Cities and Counties should have the ability to respond to their citizens'
wishes.Variations in local enforcement methods and penalties mirror
residents'localpriorities.
73 0%De^eve that local communities should have the power to pass laws protecting
people from second hand smoke in workplaces.
According to the Environmental Protection Agency,second-hand smoke
causes heart disease and cancer in non-smokers.
72 0 %Detieve that local communities should have the power to pass laws protecting
people fromsecondhandsmokeinrestaurants.
In restaurants,workers are heavily exposed to second-hand smoke and inhale
the equivalent of smoking VA to 2 packs of cigarettes per day.
f\*J 0°/»believe that local communities should bein control ofthe laws that affect
U^.V/O their health.
Tobacco products are a major cause of heart disease,cancer,acute bronchitis,
stroke,low birth weight and other aliments resulting in approximately
420,000deathsayear.
Division Contact:Ralph A.DeVitto
Vice President of Government Relations
1-800-444-1410 x401
PREMPTFS.PI November 4,1996 10